PREPOZNAVANJE DECE KAO ŽRTVE NASILJA U PORODICI I NJIHOVA ZAŠTITA U KRIVIČNOM POSTUPKU
RECOGNITION OF CHILDREN AS VICTIMS OF DOMESTIC VIOLENCE AND THEIR PROTECTION IN CRIMINAL ROCEEDINGS54

Summary/Abstract: The Convention on the Rights of the Child proclaims that a child, with the aim of complete and harmonious personality development, should grow up in a family environment, in an atmosphere of happiness, love and understanding. The assumption is that the family environment is a safe environment for every child. However, the dynamics of mutual relations between spouses as family members is a variable category. The consequences of disturbed relationships in one family move every modern society away from achieving the goal of protecting the basic rights of the child, because the effects of the relationship between the spouses affect the child even when the child is not a direct participant in the conflict within the family. Recognizing children as silent witnesses and indirect participants in conflicts that take place in the family is a prerequisite for effective protection of children. The Criminal Code of the Republic of Serbia is the ultima ratio in providing criminal protection to children as victims of domestic violence. Whereas, the Law on Prevention of Domestic Violence expands that protection, and recognizes the need to provide protection to children when there has been a certain type of violence between parents that, to a certain extent, threatens the basic rights of the child, but there are also not enough elements for the existence of a criminal act of domestic violence in within the meaning of Article 194 paragraph 3 of the CC. In this way, the legislative framework of the Republic of Serbia recognizes children as indirect victims of violence. However, in practice, one can justifiably ask the question to what extent and whether judicial authorities use all legal powers in order to protect children as indirect participants in violence.

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